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Builders and developers will be consulted before Town of Niagara-on-the-Lake implements a new policy for the protection of trees on municipal property during construction and redevelopment.

The town has received numerous complaints in recent months regarding construction activity close to boulevard trees along with the storage of soil, materials and equipment under the canopy of trees.

The town passed a bylaw in 2012 that prohibits the injury or destruction of trees growing on town property with fines ranging from $500 to $100,000. There is also a provision allowing for an order to plant a tree of a comparable species in some cases.

The municipal tree protection policy, outlined in a staff report to the community and development advisory committee Monday, is designed to assist the town with implementing the bylaw and give clear direction to landowners and developers.

Councillors were supportive of the new measures for protecting trees, but there was frustration that the process isn’t moving quickly enough.

“It’s a little disheartening that we’d be going this route now,” said Coun. Betty Disero, adding it would likely take another six months for staff to get feedback from the building community, then report back to council.

Coun. Jamie King said the town has been talking about tree protection for two to three years.

“I dropped the ball, not pushing harder for this,” he said. “This (new policy) is nowhere near strong enough … what the residents were expecting.”

Coun. Paolo Miele questioned whether a tree protection policy is necessary. He said it could be a matter of enforcement of the tree protection bylaw rather than creating new regulations.

“We don’t need another law,” he said. “I’m quite satisfied with the bylaw we have on the books.”

Community and development services director Craig Larmour said enforcement of the bylaw is difficult unless there are witnesses who observe damage to the trees.

He said the new policy would require the establishment of a tree protection zone. Fencing may be required around the affected tree and in some cases, an arbourist’s report would be ordered to report on the impact of the proposed development and recommend mitigating measures.

Larmour provided examples of policies for the cities of Burlington and Toronto for the protection of existing trees. He said he felt that the Burlington model would be the most practical one for adoption in Niagara-on-the-Lake.

Disero said the town’s current bylaw is designed to deal with trees once they are dead. She said the biggest problem is dirt being pushed toward the trees or heavy equipment leaning on them.

The committee agreed with a suggestion by Coun. John Wiens that the building community be contacted in writing, rather than seeking their input through a meeting.

In a report to the committee, Larmour said there would be administrative costs to the town for implementing a new policy and access to a qualified arbourist would be required. He said landowners and developers may also incur costs for securing and protecting trees and possibly hiring an arbourist.

The committee’s recommendations to receive the staff report and consult the building community go to council next week for approval.